Christie's "State Of The State" Today; Obama To Congress: Hold Off On Sanctions; No Charges Likely In IRS Scandal; Chicago Cell Phone Tragedy; Pregnant Woman On Life Support; Ski Flying; Allen-Farrow Family Feud

Aired January 14, 2014 - 07:30 ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

JOHN KING, CNN CHIEF NATIONAL CORRESPONDENT: -- whether it's Ronald Reagan, whether it's Bill Clinton, whether it's George W. Bush, whether it's Michael Dukakis and the failing effort. When Governors run for president, everything they have said or done comes back into the national stage. Some handle it well, some don't.

KATE BOLDUAN, CNN ANCHOR: And on the investigation into how Sandy funds were spent, I mean there's -- now Republicans are saying, look, politics are being played on both sides. What about the timing of this, the Democrats, were Democrats pushing this just because they saw a weakness in Christie, a chink in his armor, with the bridge investigation, do you think the timing is a valid question?

KING: Any members of Congress can ask an inspector general to look into something and then they start a preliminary inquiry. They're required to do that if asked by a member of Congress. The inspector general now says they found enough to go back and look a little bit deeper. That doesn't mean anything's wrong. It doesn't mean the money has been misspent. It means they are going to take a close look.

So let's watch this. This is reminiscent. It will sound kind of comical now given all the problems with Obamacare. But if you go back to last September and October in the presidential campaign, a lot of Republicans were complaining, Kate and Chris, that the Obama administration was spending taxpayers' dollars on ads promoting Obamacare. And they thought that was designed to help the president in the re-election --

CHRIS CUOMO, CNN ANCHOR: It's not unusual. I mean, every state campaign, you always hear it, you know, whether it's California, New York. I mean, they always say the governor's in it. It's helping his cause. I mean, it's not unusual.

KING: To the victor go the spoils and there is a power of incumbency. You have access to that money. Look, some people will find it distasteful. But as you know, it's been done since the beginning of time, in the old days, I guess it was radio not TV ads. Before that it was mail or pony express, but this has been done since the beginning of time.

Some people find it tasteful and there's no reason -- again, it's government money, it's taxpayers' dollars. There's no reason not to give it a scrub, but just be fair when you scrub it.

BOLDUAN: Good point. We'll all be watching that address this afternoon at 3:00 p.m. Thanks, John.

CUOMO: Big speech.

BOLDUAN: Yes.

CUOMO: As John Berman likes to say, the powerful do as they will and the weak suffer as they must.

JOHN BERMAN, CNN GUEST ANCHOR: Well done. Well done, Chris Cuomo. Let's take a look at some of the headlines this morning. Now is the time for congressional restraint on Iran, those words from President Obama as he asks lawmakers to hold off on any new sanctions while a deal to curb Tehran's nuclear program takes hold. The six-month interim agreement takes effect next week. The president says the U.S. will be able to monitor and verify that Iran is following through on the deal.

Just released, previously classified documents are shedding new light on the deadly 2012 attack on the U.S. diplomatic compound in Benghazi. The documents feature testimony from several senior military officials to Congress. They reveal that while the military was worried about terror attacks around the world that day, virtually no attention was paid to the potential foreign attack in Libya.

It appears charges may not be filed in the scandal over the IRS giving extra scrutiny to conservative groups applying for tax exempt status. The federal law enforcement source tells CNN that investigators do not believe anyone committed a chargeable offense, but prosecutors have not made their final decision yet. IRS officials have admitted the agency did act inappropriately.

Police in Chicago say a 23-year-old man is hospitalized this morning after a tragic accident that cost a friend his life. Authorities say the man dropped his cell phone into the Chicago River then fell into the icy waters trying to retrieve it. Two friends tried to help, but fell in after him. The two men were pulled from the water and one later died. A 21-year-old woman is missing and presumed dead. Police have not released the victim's name.

And a dog in distress can thank an animal control officer in Atlanta for saving his life during a big storm this weekend. (Inaudible) found the dog tied to a tree and up to his neck in water during the flood and decided there wasn't time to call the fire department. It's still unclear who left the dog outside. He's now being named River and is up for adoption at an animal shelter. What a lovely gesture by that man.

CUOMO: Yes, totally was. Thanks for that, J.B.

Let's take a break on NEW DAY. What would you do? A pregnant woman declared brain dead is being kept alive for the sake of her baby. She is pregnant. Her family says this isn't what she wanted, but it turns out the law says, it doesn't matter what she wanted. Is this the right thing to do? We are going to debate it straight ahead.

BOLDUAN: Also ahead, Woody Allen's lifetime achievement honor at the Golden Globes has managed to reignite a long standing feud with his ex-wife. She and her son were showing their contempt on Twitter. Details ahead.

(COMMERCIAL BREAK)

BOLDUAN: Welcome back. New developments on a heart breaking story in Texas, a pregnant woman kept on life support for over seven weeks against her family's wishes. The hospital says the fetus has a heartbeat and that Texas law is on their side. This week, the family is preparing to take legal action. CNN's Ed Lavandera reports.

(BEGIN VIDEOTAPE)

ED LAVANDERA, CNN CORRESPONDENT (voice-over): This week, the family of Marlice Munoz is expected to take legal action against the Texas hospital that refuses to unplug her from a ventilator. Munoz is pregnant and collapsed in late November after suffering a blood clot in her lungs. John Peter Smith Hospital in Fort Worth says Texas law requires that Munoz be kept on life support in hopes of saving the unborn baby.

UNIDENTIFIED FEMALE: We were told she was brain dead November 26th.

LAVANDERA: Munoz's family says Marlice never wanted to be kept on life support. It's a conversation her husband says they had often. They're both paramedics and the parents of a 15-month-old boy.

ERICK MUNOZ, HUSBAND: We've seen things out in the field, and you know, we both knew that we didn't want to be on life support.

LAVANDERA: The Munoz story has sparked a debate over laws that overwrite a woman's right to be disconnected from life support if she is pregnant. About 30 states have these laws on the books. If Munoz is indeed brain dead like her family says, even the people who help write the Texas law say, her husband's wishes to disconnect should be followed.

THOMAS MAYO, SMU LAW PROFESSOR: If she's brain dead, she's already dead so letting her die isn't really the concept. But can he say take her off the ventilator? I believe he can.

LAVANDERA: Attorneys for Erick Munoz tell CNN legal action is expected this week. John Peter Smith Hospital officials say they're encouraged by this development because the courts are the appropriate venue to provide clarity, direction and resolution in this matter. Marlice Munoz is now about 21 weeks pregnant, but medical experts say it's hard to know for sure if the fetus can survive.

DR. JEFF ECKER, MASSACHUSETTS GENERAL HOSPITAL: The same as saying that things will be well because you can have important affects from situations like this that aren't manifested as things that can be seen on ultrasound or MRI. LAVANDERA: Marlice Munoz's body remains inside this hospital while the debate over what should happen to her rages outside. Ed Lavandera, CNN, Dallas.

(END VIDEOTAPE)

CUOMO: Boy, the questions that are raised here as so painstaking. Let's take it through with a couple of people who know the law and then try to apply the facts here. We have legal analyst and former federal prosecutor, Sunny Hostin and from D.C., CNN's senior legal analyst and former federal prosecutor, Jeffrey Toobin. Thanks, guys.

All right, so here are some of things that are on the table and then you guys unpack them as you like. So we have the law, which is about allowing life sustaining treatment and then the counter argument here of this is not life sustaining, she is already dead. You then have the key fact of a discussion between intimates, between spouses that this is our wish.

But do we know that they had this conversation, even if she were pregnant how would she feel and that's what makes this such torture for this family and the law. Sunny, how do you see it?

SUNNY HOSTIN, CNN LEGAL ANALYST: Well, you know, I think the law is pretty clear that you can't remove this life sustaining treatment to a pregnant patient. Her husband is saying they did have these discussions about sort of end of life issues. But it's not in writing. And I expect that they didn't have the discussion in this context. Do you take me off of life support if I am pregnant? And so I think when you have that kind of murky area, that gray area, the law has to step in and you have to follow the law, and the state of the law --

CUOMO: Even if the family says this is what we want, this is not your person, this is our family. Don't tell us what to do with our family. How does that play?

HOSTIN: You know, again, I think the law is what it is in Texas. If you disagree with it then you challenge the law. Fine and that is what they're doing now. But Chris, you know, I think if you peel back the layers, you discuss what this is really about. It's probably about a very overwhelmed father who is grieving, who has really a dead wife and has to take care of not only the child that they have already now, but a child that could be less than perfect.

And I think that is frightening to people. The situation is tragic, but where is the child's right to live here? I mean, we're talking about a child that's going to be viable that can live outside of the body in just a few weeks, in just a few weeks. And I think that the child deserves the right to live.

BOLDUAN: Jeffrey, jump in on this. You know, the family is now preparing legal action. Do you think they have a strong case?

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, let's put this in a little context. This law and laws like it have been pushed by anti- abortion activists who think that women can't be trusted to make the decisions for how to control their own bodies. Here we have a situation where a bunch of politicians and hospital bureaucrats are trying to override the wishes of the people who love this woman the most.

And the people, who by the way, will have to care for this child in the unlikely event that it survives with no help from the state of Texas and no help from the hospital and no help from these so-called activists who push laws like this.

BOLDUAN: So what context. Do you think they have a case?

TOOBIN: Well, the problem is the law is not very clear here. The law has moved in the direction of politicians telling women what to do with their bodies. So I don't know how the court case would resolve itself. Let's not kid anybody about how these laws come about. They come about because largely male politicians pass laws that decide that they know better than women about what should be done here.

And I think it's a repellent situation. I think it's disgusting what the hospital is doing. I think it's horrible to have laws like this, but I don't know that legal action will reach the right results here.

HOSTIN: You know, I think -- and I respect Jeff and everyone knows that. Jeff and I are friends, but I think to sort of throw in the red herring of abortion is intellectually dishonest. Bottom here is this was a wanted pregnancy. This is not about abortion. This is about what the law is in Texas at this point and I don't think that there is really a valid legal challenge at this point in this case, Jeff. I mean, I think you have agreed --

CUOMO: The valid legal challenge -- I'm surprised you didn't say this, Jeffrey. The language of the statute goes to life sustaining treatment. Brain dead could be dead so that could be their case. As it applies to the child, though, what we're not discussing yet. Now you two have to weigh in on this, what do we know about the fetus? We know that she had oxygen deprivation for a while. They can study fetuses very well now. What do we know?

HOSTIN: Well, they can't. We know right now that there's a normal heartbeat. This while unusual is not necessarily rare. I've looked into it. There have been about 30 cases of brain dead mothers giving birth and what we know now is that 12 of those children were born viable and healthy. So to suggest at this point that this baby cannot survive is incorrect. There are statistics that show that the baby can be born and be just fine.

TOOBIN: This is not a baby. This is not a child. This is a fetus which today could have absolutely no chance of surviving outside the womb. So you know, language is important in these situations so this is not a baby.

HOSTIN: Anyone that's been five months pregnant as I have been. You know that your baby is alive. Your baby is moving inside of you. You can feel the baby so to suggest at this point, Jeff, that you know, this is just a bundle of cells I think is -- TOOBIN: But there is no chance in no medical situation. Obviously that is the case that there is a heartbeat, but there is no chance that this child could survive today outside of his or her dead mother and I think --

HOSTIN: That is true.

TOOBIN: I think Chris you make an interesting point here. There are two issues here. One is, does the law even apply because she is apparently medically dead. So there is no -- then she could be taken off the ventilator. If the law applies, the question is, is it constitutional as applied? That's where I think the law has changed in a direction that gives more power to the states to tell women what to do with their body.

BERMAN: This is obviously a torture discussion for all of us --

HOSTIN: It's tragic.

BERMAN: So how do you prevent this type of thing from happening? If there were a signed legal document, would that be settled law, then, Sunny?

HOSTIN: Not in Texas. Not in Texas. I mean, the Texas law makes it very clear that even if there's this advanced life directive that says pull me off the plug even if I'm pregnant, Texas won't do that.

TOOBIN: And again, that tells you what is going on with this law. It's that we don't care what the women think. We don't care what the families think. We the Texas legislature in our wisdom knows what's best and I think that's what so troubling about laws like that.

HOSTIN: I don't think this is a question about women's rights actually.

TOOBIN: We disagree. Rarely, but we do.

HOSTIN: Rarely, but we do.

CUOMO: But we also don't know what the mother wanted in this specific case for sure.

HOSTIN: Exactly.

CUOMO: That's big for me. Because I have to tell you at the end of the day, the law can be an interesting gymnastic exercise and the politics and all of that. This family has to make a choice that thank God I hope I never have to make.

TOOBIN: The question is who decides? Do you let the Texas legislature decide or do you let the people who love this woman, who care about her, who knew her best, do you let them decide. Unfortunately we can't ask her.

HOSTIN: That's why it's not a question of --

CUOMO: The basis --

HOSTIN: It's not in writing. It's unclear to everyone.

TOOBIN: No, it's not unclear to the family.

HOSTIN: If I am pregnant, pull the plug. I suspect that discussion in this context didn't happen. So how do we know what she would have wanted?

TOOBIN: Because we ask the people who know her and love her. That's the only way to do it. It's either them or the Texas legislature.

CUOMO: That's why it's so difficult. That's why it is worthy of debate. That's why we're giving it to you. Think about it. God forbid you're ever in this situation. But this is a discussion worth having, right, because how the state extends into our lives even in the most extreme circumstances matter. You had it laid out very intelligently for you by Sunny Hostin and Jeffrey Toobin. Thank you for doing that to both you. Think about it. Tweet us and we'll keep the conversation going.

Coming up on NEW DAY, high drama at the Golden Globes, not everybody is happy about Woody Allen's Lifetime Achievement Award, well, who? Specifically his ex, Mia Farrow and her son. They've been tweeting ever since and it isn't pretty. The details just ahead.

BOLDUAN: Also this, flying through the air with the greatest of ease. Incredible video capturing the thrill of ski jumping, just how do they do that?

CUOMO: Why doesn't his head move?

BERMAN: That's not real.

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COUMO: That's a funny song. I was just going to show this video, but now I think it's controversy. Talking about ski jumping. This guy is like ski flying, OK, it's incredible video of Norwegian ski jumper, Anders Yakovson, capturing a thrill of flight high above the slopes. But notice his head is not moving. Is that because the Go-Pro is mounted on his helmet or you know and so it's perspective thing or is it Photoshop? It's controversial. It's a phenomenal shot. It's very video any way look at it. But I don't understand why everything moves except the guy's head.

BERMAN: They are saying it's edited out in post-production apparently.

CUOMO: But does his head look so still. Is that just because on the mount on it?

BERMAN: If it's on the internet I'm skeptical frankly.

BOLDUAN: That was supposed to be a moment now controversy. New developments in the Hollywood family feud for you. Actress, Mia Farrow, is taking a direct aim at her ex, Woody Allen. On stage at the Golden Globes, the director was showered with praise and a Lifetime Achievement Award, which he did not receive in person. But on Twitter, Farrow and her son, Ronan, were slamming Allen referencing a dark history within their family and the tweets just keep on coming.

CNN's Nischelle Turner is live in Los Angeles with more on this family feud -- Nischelle.

NISCHELLE TURNER, CNN ENTERTAINMENT CORRESPONDENT: Hi, guys. This one is pretty ugly. Yesterday we were talking about the Golden Globes and while the show was on the air, this latest round of drama between Mia Farrow and Woody Allen was playing out on social media.

(BEGIN VIDEOTAPE)

TURNER (voice-over): Mia Farrow reigniting a long standing feud with her ex, writer and director, Woody Allen and bringing personal family history back into the public eye. Farrow displayed her contempt on social media yesterday tweeting, "A woman has publicly detailed Woody Allen's molestation of her at age 7. Golden Globe tribute showed contempt for her and all abuse survivors."

Her angry post was aimed at Sunday's Golden Globes' tribute to Allen where he was honored with the Cecil B. DeMille Award for lifetime achievement. Before the tribute was sent to air, Mia Farrow tweeted that she was changing the channel saying, "Time to grab some ice cream and switch over to #girls."

Her son, Ronan, followed suit making no effort to veil his disgust saying, "Missed the Woody Allen tribute. Did they put the part where a woman publicly confirmed he molested her at age 7 before or after Annie Hall?" The two were speaking of Allen's adopted daughter, Dilan, who accused him of molesting her 20 years ago.

CHRISTOPHER JOHH FARLEY, EDITOR OF SPEAKEASY, WSJ ARTS AND CULTURE BLOG: This issue of the estranged family members have discovered a new social media world to torment him and bring up the past.

TURNER: It's all part of the convoluted story that is Woody Allen's personal life. The couple separated after 12 years when Mia Farrow discovered that Allen was having an affair with their adopted daughter, Sungi, now his wife. The same year, Dilan, who has since changed her name told her mother that Allen had touched her inappropriately. Allen denied the claims and the case was dropped in 1993.

But Dylan broke her silence last year in an interview with "Vanity Fair" where she opened up about the alleged abuse and said she regrets never testifying against the film director.

FARLEY: This is still a family in pain. Woody Allen creator movies where all there is, is tragedy.

(END VIDEOTAPE) TURNER: By the way, Woody Allen was not in attendance at Sunday's Golden Globes to accept the Cecil B. DeMille Award. In fact Katie Couric tweeted that he was sitting across the aisle from her at the opening of the Broadway musical, "Beautiful" and also we should say that we did reach out to Woody Allen and his representatives for comment and they did not respond to our request -- Chris, Kate, back to you.

BOLDUAN: All right, Nischelle, thank you.

CUOMO: I tell you there are a lot of beautiful things that come along with fame. One of the down sides, when in the public eye, everything gets played out. This family's pain is not something they just have to deal with, but they have to literally live it in a way the expectations of others play into as well.

Coming up on NEW DAY, a terrifying hostage drama in Denver, a standoff with police with a woman used as a human shield, we'll show you how it ended. It will amaze you straight ahead.

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(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I do think laws have been broken.

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CUOMO: New allegations, more trouble for Chris Christie. Was another New Jersey mayor bullied? There's more information about how the governor spent those Sandy relief funds. Christie will take it all on in a major speech today.

BOLDUAN: Caught on camera, the dramatic moment this woman is taken hostage at a 7-11 store when --